[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Pages S3272-S3274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1928. Mr. WHITEHOUSE (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

  TITLE XIV--REINVESTING IN SHORELINE ECONOMIES AND ECOSYSTEMS ACT OF 
                                  2024

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Reinvesting In Shoreline 
     Economies and Ecosystems Act of 2024'' or the ``RISEE Act of 
     2024''.

     SEC. 1402. NATIONAL OCEANS AND COASTAL SECURITY FUND; PARITY 
                   IN OFFSHORE WIND REVENUE SHARING.

       (a) Definitions in the National Oceans and Coastal Security 
     Act.--Section 902 of the National Oceans and Coastal Security 
     Act (16 U.S.C. 7501) is amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304).''; and
       (2) by striking paragraph (7) and inserting the following:
       ``(7) Tidal shoreline.--The term `tidal shoreline' means 
     the length of tidal shoreline or Great Lake shoreline based 
     on the most recently available data from or accepted by the 
     Office of Coast Survey of the National Oceanic and 
     Atmospheric Administration.''.
       (b) National Oceans and Coastal Security Fund.--Section 904 
     of the National

[[Page S3273]]

     Oceans and Coastal Security Act (16 U.S.C. 7503) is amended--
       (1) in subsection (a), by inserting ``and manage'' after 
     ``establish'';
       (2) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--The Fund shall consist of such amounts 
     as--
       ``(A) are deposited in the Fund under subparagraph 
     (C)(ii)(II) of section 8(p)(2) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1337(p)(2)); and
       ``(B) are appropriated or otherwise made available for the 
     Fund.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Expenditure.--
       ``(1) $34,000,000 or less.--If $34,000,000 or less is 
     deposited in, or appropriated or otherwise made available 
     for, the Fund for a fiscal year, in that fiscal year--
       ``(A) not more than 5 percent of such amounts may be used 
     by the Administrator and the Foundation for administrative 
     expenses to carry out this title; and
       ``(B) any remaining amounts shall be used only for the 
     award of grants under section 906(c).
       ``(2) More than $34,000,000.--If more than $34,000,000 is 
     deposited in, or appropriated or otherwise made available 
     for, the Fund for a fiscal year, in that fiscal year--
       ``(A) not more than 5 percent of such amounts may be used 
     by the Administrator and the Foundation for administrative 
     expenses to carry out this title;
       ``(B) not less than $34,000,000 shall be used for the award 
     of grants under section 906(c); and
       ``(C) of any amounts exceeding $34,000,000--
       ``(i) not more than 75 percent may be used for the award of 
     grants under section 906(b); and
       ``(ii) not more than 20 percent may be used for the award 
     of grants under section 906(c).
       ``(3) Division of amounts for administrative expenses.--The 
     amounts referred to in paragraphs (1)(A) and (2)(A) shall be 
     divided between the Administrator and the Foundation pursuant 
     to an agreement reached and documented by both the 
     Administrator and the Foundation.''; and
       (4) in subsection (e)(2), by striking ``section 906(a)(1)'' 
     and inserting ``section 906(a)''.
       (c) Eligible Uses of Amounts in the National Oceans and 
     Coastal Security Fund.--Section 905 of the National Oceans 
     and Coastal Security Act (16 U.S.C. 7504) is amended to read 
     as follows:

     ``SEC. 905. ELIGIBLE USES.

       ``(a) In General.--Amounts in the Fund may be allocated by 
     the Administrator under section 906(b) and the Foundation, in 
     consultation with the Administrator, under section 906(c) to 
     support programs and activities intended to improve 
     understanding and use of ocean and coastal resources and 
     coastal infrastructure.
       ``(b) Programs and Activities.--The programs and activities 
     referred to in subsection (a) may include scientific research 
     related to changing environmental conditions, ocean observing 
     projects, efforts to enhance resiliency of infrastructure and 
     communities (including project planning and design), habitat 
     protection and restoration, monitoring and reducing damage to 
     natural resources and marine life (including birds, marine 
     mammals, and fish), and efforts to support sustainable 
     seafood production carried out by States, local governments, 
     Indian tribes, regional and interstate collaboratives (such 
     as regional ocean partnerships), nongovernmental 
     organizations, public-private partnerships, and academic 
     institutions.
       ``(c) Prohibition on Use of Funds for Litigation or Other 
     Purposes.--No funds made available under this title may be 
     used--
       ``(1) to fund litigation against the Federal Government; or
       ``(2) to fund the creation of national marine monuments, 
     marine protected areas, or marine spatial plans.''.
       (d) Grants Under the National Oceans and Coastal Security 
     Act.--Section 906 of the National Oceans and Coastal Security 
     Act (16 U.S.C. 7505) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) by striking ``(a) Administration of Grants.--'' and all 
     that follows through ``the following:'' and inserting the 
     following:
       ``(a) Administration of Grants.--Not later than 90 days 
     after funds are deposited in the Fund and made available to 
     the Administrator and the Foundation for administrative 
     purposes, the Administrator and the Foundation shall 
     establish the following:'';
       (C) in subparagraph (A), by striking ``such subsections'' 
     and inserting ``this section'';
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Selection procedures and criteria for the awarding of 
     grants under this section that require consultation with the 
     Administrator and the Secretary of the Interior.'';
       (E) in subparagraph (C), by striking clause (ii) and 
     inserting the following:
       ``(ii) under subsection (c) to entities including States, 
     local governments, Indian tribes, regional and interstate 
     collaboratives (such as regional ocean partnerships), 
     nongovernmental organizations, public-private partnerships, 
     and academic institutions.'';
       (F) in subparagraph (D), by striking ``Performance 
     accountability and monitoring'' and inserting ``Performance, 
     accountability, and monitoring'';
       (G) by redesignating subparagraphs (A) through (H) as 
     paragraphs (1) through (8), respectively, and moving such 
     paragraphs, as so redesignated, 2 ems to the left; and
       (H) in paragraph (3), as so redesignated, by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and moving such subparagraphs, as so 
     redesignated, 2 ems to the left;
       (2) by striking subsection (b) and inserting the following:
       ``(b) Grants to Coastal States.--
       ``(1) In general.--The Administrator shall award grants to 
     coastal States as follows:
       ``(A) 70 percent of available amounts shall be allocated 
     equally among coastal States.
       ``(B) 15 percent of available amounts shall be allocated on 
     the basis of the ratio of tidal shoreline in a coastal State 
     to the tidal shoreline of all coastal States.
       ``(C) 15 percent of available amounts shall be allocated on 
     the basis of the ratio of population density of the coastal 
     counties of a coastal State to the average population density 
     of all coastal counties based on the most recent data 
     available from the Bureau of the Census.
       ``(2) Maximum allocation to states.--Notwithstanding 
     paragraph (1), not more than 5 percent of the total funds 
     distributed under this subsection may be allocated to any 
     single coastal State. Any amount exceeding that limitation 
     shall be redistributed equally among the remaining coastal 
     States.
       ``(3) Optional matching funds.--Each entity seeking to 
     receive a grant under this subsection is encouraged, but not 
     required, to demonstrate that funds of any amount are 
     available from non-Federal sources to supplement the amount 
     of the grant.''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``The Administrator and 
     the Foundation'' and inserting ``The Foundation, in 
     consultation with the Administrator,''; and
       (B) by adding at the end the following:
       ``(3) Exclusion of funds from limitation.--The amount of a 
     grant awarded under this subsection shall not count toward 
     the limitation under subsection (b)(2) on funding to coastal 
     States through grants awarded under subsection (b).''.
       (e) Annual Report on Operation of the National Oceans and 
     Coastal Security Fund.--Section 907(a) of the National Oceans 
     and Coastal Security Act (16 U.S.C. 7506(a)) is amended by 
     striking ``Subject to'' and all that follows through ``the 
     Foundation'' and inserting the following: ``Not later than 60 
     days after the end of each fiscal year, the Administrator and 
     the Foundation''.
       (f) Repeal of Authorization of Appropriations for Fiscal 
     Years 2017, 2018, and 2019.--Section 908 of the National 
     Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed.
       (g) Parity in Offshore Wind Revenue Sharing.--Section 
     8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1337(p)(2)) is amended--
       (1) in subparagraph (A), by striking ``(A) The Secretary'' 
     and inserting the following:
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Secretary'';
       (2) in subparagraph (B), by striking ``(B) The Secretary'' 
     and inserting the following:
       ``(B) Disposition of revenues for projects located within 3 
     nautical miles seaward of state submerged land.--The 
     Secretary''; and
       (3) by adding at the end the following:
       ``(C) Disposition of revenues for offshore wind projects in 
     certain areas.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered offshore wind project.--The term `covered 
     offshore wind project' means a wind-powered electric 
     generation project in a lease area on the outer Continental 
     Shelf that is not wholly or partially located within an area 
     subject to subparagraph (B).
       ``(II) Eligible state.--The term `eligible State' means a 
     State a point on the coastline of which is located within 75 
     miles of the geographic center of a lease tract lying wholly 
     or partly within the area of the applicable covered offshore 
     wind project.

       ``(ii) Requirement.--Of the operating fees, rentals, 
     bonuses, royalties, and other payments that are paid to the 
     Secretary under subparagraph (A) from covered offshore wind 
     projects carried out under a lease entered into on or after 
     January 1, 2022--

       ``(I) 50 percent shall be deposited in the Treasury and 
     credited to miscellaneous receipts;
       ``(II) 12.5 percent shall be deposited in the National 
     Oceans and Coastal Security Fund established under section 
     904(a) of the National Oceans and Coastal Security Act (16 
     U.S.C. 7503(a)); and
       ``(III) 37.5 percent shall be deposited in a special 
     account in the Treasury, from which the Secretary shall 
     disburse to each eligible State an amount (based on a formula 
     established by the Secretary of the Interior by rulemaking 
     not later than 180 days after the date of enactment of the 
     Reinvesting In Shoreline Economies and Ecosystems Act of 
     2024) that is inversely proportional to the respective 
     distances between--

       ``(aa) the point on the coastline of each eligible State 
     that is closest to the geographic center of the applicable 
     leased tract; and
       ``(bb) the geographic center of the leased tract.
       ``(iii) Timing.--The amounts required to be deposited under 
     subclause (III) of clause (ii) for the applicable fiscal year 
     shall be made available in accordance with that item during 
     the fiscal year immediately following the applicable fiscal 
     year.
       ``(iv) Authorized uses.--

       ``(I) In general.--Subject to subclause (II), each State 
     shall use all amounts received

[[Page S3274]]

     under clause (ii)(III) in accordance with all applicable 
     Federal and State laws, only for 1 or more of the following 
     purposes:

       ``(aa) Projects and activities for the purposes of coastal 
     protection, including conservation, coastal restoration, 
     hurricane protection, and infrastructure directly affected by 
     coastal wetland losses.
       ``(bb) Mitigation of damage to fish, wildlife, or natural 
     resources, including through fisheries science and research.
       ``(cc) Implementation of a federally approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(dd) Mitigation of the impact of outer Continental Shelf 
     activities through the funding of onshore infrastructure 
     projects, on the condition that the projects are not 
     primarily for entertainment purposes.
       ``(ee) Planning assistance and the administrative costs of 
     complying with this section.

       ``(II) Limitation.--Of the amounts received by a State 
     under clause (ii)(III), not more than 3 percent shall be used 
     for the purposes described in subclause (I)(ee).

       ``(v) Administration.--Subject to clause (vi)(III), amounts 
     made available under clause (ii) shall--

       ``(I) be made available, without further appropriation, in 
     accordance with this paragraph;
       ``(II) remain available until expended; and
       ``(III) be in addition to any amount appropriated under any 
     other Act.

       ``(vi) Reporting requirement for fiscal year 2023 and 
     thereafter.--

       ``(I) In general.--Beginning with fiscal year 2023, not 
     later than 180 days after the end of each fiscal year, each 
     eligible State that receives amounts under clause (ii)(III) 
     for the applicable fiscal year shall submit to the Secretary 
     a report that describes the use of the amounts by the 
     eligible State during the period covered by the report.
       ``(II) Public availability.--On receipt of a report under 
     subclause (I), the Secretary shall make the report available 
     to the public on the website of the Department of the 
     Interior.
       ``(III) Limitation.--If an eligible State that receives 
     amounts under clause (ii)(III) for the applicable fiscal year 
     fails to submit the report required under subclause (I) by 
     the deadline specified in that subclause, any amounts that 
     would otherwise be provided to the eligible State under 
     clause (ii)(III) for the succeeding fiscal year shall be 
     withheld for the succeeding fiscal year until the date on 
     which the report is submitted.
       ``(IV) Contents of report.--Each report required under 
     subclause (I) shall include, for each project funded in whole 
     or in part using amounts received under clause (ii)(III)--

       ``(aa) the name and description of the project;
       ``(bb) the amount received under clause (ii)(III) that is 
     allocated to the project; and
       ``(cc) a description of how each project is consistent with 
     the authorized uses under clause (iv)(I).

       ``(V) Clarification.--Nothing in this clause--

       ``(aa) requires or provides authority for the Secretary to 
     delay, modify, or withhold payment under clause (ii)(III), 
     other than for failure to submit a report as required under 
     this clause;
       ``(bb) requires or provides authority for the Secretary to 
     review or approve uses of funds reported under this clause;
       ``(cc) requires or provides authority for the Secretary to 
     approve individual projects that receive funds reported under 
     this clause;
       ``(dd) requires an eligible State to obtain the approval 
     of, or review by, the Secretary prior to spending funds 
     disbursed under clause (ii)(III);
       ``(ee) requires or provides authority for the Secretary to 
     issue guidance relating to the contents of, or to determine 
     the completeness of, the report required under this clause;
       ``(ff) requires an eligible State to obligate or expend 
     funds by a certain date; or
       ``(gg) requires or provides authority for the Secretary to 
     request an eligible State to return unobligated funds.''.

     SEC. 1403. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES.

       (a) Authorized Uses.--Section 105(d)(1)(D) of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is amended by inserting ``, on the 
     condition that the projects are not primarily for 
     entertainment purposes'' after ``infrastructure projects''.
       (b) Administration.--Section 105(e) of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432) is amended, in the matter preceding paragraph (1), 
     by striking ``Amounts'' and inserting ``Subject to subsection 
     (g)(3), amounts''.
       (c) Elimination of Limitation on Amount of Distributed 
     Qualified Outer Continental Shelf Revenues.--Section 105(f) 
     of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 
     1331 note; Public Law 109-432) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C); and
       (2) in paragraph (2), by striking ``2055'' and inserting 
     ``2022''.
       (d) Reporting Requirements.--Section 105 of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is amended by adding at the end the 
     following:
       ``(g) Reporting Requirement for Fiscal Year 2023 and 
     Thereafter.--
       ``(1) In general.--Beginning with fiscal year 2023, not 
     later than 180 days after the end of each fiscal year, each 
     Gulf producing State that receives amounts under subsection 
     (a)(2)(A) for the applicable fiscal year shall submit to the 
     Secretary a report that describes the use of the amounts by 
     the Gulf producing State during the period covered by the 
     report.
       ``(2) Public availability.--On receipt of a report under 
     paragraph (1), the Secretary shall make the report available 
     to the public on the website of the Department of the 
     Interior.
       ``(3) Limitation.--If a Gulf producing State that receives 
     amounts under subsection (a)(2)(A) for the applicable fiscal 
     year fails to submit the report required under paragraph (1) 
     by the deadline specified in that paragraph, any amounts that 
     would otherwise be provided to the Gulf producing State under 
     subsection (a)(2)(A) for the succeeding fiscal year shall be 
     withheld for the succeeding fiscal year until the date on 
     which the report is submitted.
       ``(4) Contents of report.--Each report required under 
     paragraph (1) shall include, for each project funded in whole 
     or in part using amounts received under subsection 
     (a)(2)(A)--
       ``(A) the name and description of the project;
       ``(B) the amount received under subsection (a)(2)(A) that 
     is allocated to the project; and
       ``(C) a description of how each project is consistent with 
     the authorized uses under subsection (d)(1).
       ``(5) Clarification.--Nothing in this clause--
       ``(A) requires or provides authority for the Secretary to 
     delay, modify, or withhold payment under subsection 
     (a)(2)(A), other than for failure to submit a report as 
     required under this subsection;
       ``(B) requires or provides authority for the Secretary to 
     review or approve uses of funds reported under this 
     subsection;
       ``(C) requires or provides authority for the Secretary to 
     approve individual projects that receive funds reported under 
     this subsection;
       ``(D) requires a Gulf producing State to obtain the 
     approval of, or review by, the Secretary prior to spending 
     funds disbursed under subsection (a)(2)(A);
       ``(E) requires or provides authority for the Secretary to 
     issue guidance relating to the contents of, or to determine 
     the completeness of, the report required under this 
     subsection;
       ``(F) requires a Gulf producing State to obligate or expend 
     funds by a certain date; or
       ``(G) requires or provides authority for the Secretary to 
     request a Gulf producing State to return unobligated 
     funds.''.

     SEC. 1404. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE 
                   MINERAL LEASING ACT.

       (a) In General.--Section 35 of the Mineral Leasing Act (30 
     U.S.C. 191) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``and, subject to the provisions of subsection (b),'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (4) in paragraph (3)(B)(ii) of subsection (b) (as so 
     redesignated), by striking ``subsection (d)'' and inserting 
     ``subsection (c)''; and
       (5) in paragraph (3)(A)(ii) of subsection (c) (as so 
     redesignated), by striking ``subsection (c)(2)(B)'' and 
     inserting ``subsection (b)(2)(B)''.
       (b) Conforming Amendments.--
       (1) Section 6(a) of the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 355(a)) is amended--
       (A) in the first sentence, by striking ``Subject to the 
     provisions of section 35(b) of the Mineral Leasing Act (30 
     U.S.C. 191(b)), all'' and inserting ``All''; and
       (B) in the second sentence, by striking ``of the Act of 
     February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),'' and 
     inserting ``of the Mineral Leasing Act (30 U.S.C. 191)''.
       (2) Section 20(a) of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019(a)) is amended, in the second sentence of the 
     matter preceding paragraph (1), by striking ``the provisions 
     of subsection (b) of section 35 of the Mineral Leasing Act 
     (30 U.S.C. 191(b)) and section 5(a)(2) of this Act'' and 
     inserting ``section 5(a)(2)''.
       (3) Section 205(f) of the Federal Oil and Gas Royalty 
     Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
       (A) in the first sentence, by striking ``this Section'' and 
     inserting ``this section''; and
       (B) by striking the fourth, fifth, and sixth sentences.
                                 ______